Law / United States / 
Colorado
Colorado public contracts: contractor compliance with the state technology accessibility standards and indemnity
C.R.S. section 24-85-104(5), as added by HB 25-1152
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you contract with a Colorado state agency or other public entity to supply goods, services or construction, comply with the accessibility standards for an individual with a disability that the Office of Information Technology adopted under section 24-85-103 (8 CCR 1501-11); the contract is deemed to require it even if the clause is omitted (C.R.S. 24-85-104(5)(b) and (c)(I)).
- Indemnify, hold harmless and assume liability for the state agency or public entity and its officers, employees and agents for all costs, claims, damages, court awards and attorney fees it incurs in relation to your noncompliance with those standards (C.R.S. 24-85-104(5)(c)(II)).
- If the state agency or public entity requires it, have your compliance with those standards determined and attested to by a qualified third party it selects (C.R.S. 24-85-104(5)(d)).
- These terms reach contracts entered into, amended or renewed on or after , other than public school contracts under section 22-1-135 and contracts for professional services.
These lines are LexLint's reading of the law's text.
What this law does
A contract or agreement between a state agency or public entity and a contractor must include, and if they are omitted is deemed to include, the provisions in subsection (5)(c), if the primary purpose of the contract is to acquire supplies or services, construction, or the disposal of supplies for the benefit of the state agency or public entity.
A contractor is any person having a contract or agreement with a state agency or public entity, excluding another Colorado state agency, public entity, or employee of one, and a public entity has the meaning set forth in section 24-34-301. The subsection does not apply to public school contracts described in section 22-1-135 or to contracts or agreements for professional services as defined in section 24-30-1402.
The contractor must comply with the accessibility standards for an individual with a disability that the Office of Information Technology adopted under section 24-85-103.
The contractor must indemnify, hold harmless, and assume liability on behalf of the state agency or public entity and its officers, employees, and agents for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts the state agency or public entity incurs in relation to the contractor's noncompliance with those standards.
The state agency or public entity may require that the contractor's compliance with those standards be determined and attested to by a qualified third party that it selects. House Bill 25-1152 applies to contracts or agreements entered into, amended, or renewed on or after its effective date. House Bill 25-1152 took effect on .
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